Order of Termination Clause Samples
The 'Order of Termination' clause defines the sequence or process by which contractual relationships or obligations are brought to an end. Typically, this clause outlines the steps that must be followed when terminating the agreement, such as providing notice, settling outstanding obligations, or returning confidential materials. Its core practical function is to ensure that both parties understand the proper procedure for ending the contract, thereby reducing confusion and potential disputes over how termination should be handled.
Order of Termination a. Employees shall be terminated in inverse of the order in which they were employed by the DISTRICT in a probationary position. No permanent employee shall be terminated until all probationary employees have been terminated unless the retained probationary employee is certificated and competent to render service in an area where no permanent employee who is terminated is so certificated and competent (Education Code 44955).
b. Notwithstanding the above, the DISTRICT may deviate from the order of seniority for either of the two reasons below:
(1) If the DISTRICT demonstrates a specific need for personnel to teach a specific course, or to provide counseling or nursing and the employee being retained has special training and experience necessary to teach the course or provide the services which other employees with more seniority do not possess;
(2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.
Order of Termination. Faculty shall be involuntarily terminated in the following order:
(1) Faculty of any classification who have already received notice that they will not be reemployed following the expiration of their current Primary Appointment.
(2) Part-time Faculty.
(3) Faculty on Special Appointment.
(4) Faculty on Specific Term Appointment.
(5) Faculty on Continuous Appointment. The substantive decisions of the Board or Administration to terminate specific Unit Members, due to the discontinuance of a program or department, shall be final and binding and shall not be grievable under this Agreement, except that a grievance may be pursued based on the allegation that the procedures outlined herein were not followed and that such failure may have affected the substantive decision of the Board.
Order of Termination. Employees shall be terminated in inverse of the order in which they were employed by the DISTRICT in a probationary position. No permanent employee shall be terminated until all probationary employees have been terminated unless the retained probationary employee is certificated and competent to render service in an area where no permanent employee who is terminated is so certificated and competent (Education Code 44955).